Probate and Estate Planning Attorney Representing Clients in Roswell, Carlsbad, Artesia, Hobbs, Alamogordo, and throughout Southeastern New Mexico
When a loved on passes away, there are many challenges faced by family members left behind. After planning memorial services and working through the grieving process, the last thing most people want to contemplate is going to court for probate. The Grandjean Law Firm can assist in taking the pressure off by assisting with handling the estate. The Grandjean Law Firm can also help with your estate planning needs to assure that things run smoothly when the time does come.
My Loved One Had a Will, Why Would I Need to Have a Probate?
One common misconception is that having a will negates the need to have a probate. Many are used to television and movie scenes with the dramatic “reading of the will” in which the executor of the estate reads the will, and property transfers without a fuss. Unfortunately, in reality the process is not that simple. The purpose of a probate is to formally transfer assets of the deceased, whether through a will, or if no will is available, through the process of intestacy. Beyond just transferring assets, a probate case also helps to resolve outstanding debts that may exist. Whether there is a will or not, some form of probate is almost always necessary.
What Happens If My Loved One Did Not Have a Will?
While we advise all of our clients to have a will drafted, unfortunately many people still pass away without ever having executed a will. A person who dies without having a will is said to die intestate, and there assets are distributed under the law through the intestacy process. New Mexico intestacy statutes specifically dictate to whom and in what proportions a decedent’s are distributed. The Grandjean Law Firm can assist you in explaining the details of intestacy law.